Indonesia's Violations in West Papua: A Call for Accountability Under International Law

The conflict between the Indonesian National Army (TNI) and the West Papua National Liberation Army (TPN-PB) is not merely a prolonged territorial dispute; it is a profound violation of international law that has persisted for over half a century. 

While the situation in West Papua has rarely garnered the international attention it so desperately deserves, its severity today demands urgent scrutiny. Once a conflict fought with rudimentary weapons, the nature of the struggle has evolved: the freedom fighters of West Papua now possess conventional arms, engaging in a brutal war against a well-equipped Indonesian military.

Indonesia’s insistence on portraying its military presence in West Papua as a matter of "internal security" is a thinly veiled attempt to justify its occupation. However, the growing number of casualties among both military and civilian populations, coupled with the clear escalation of violence, obligates Indonesia to adhere to the principles of International Humanitarian Law (IHL). IHL, established under the Geneva Conventions of 1949 and the Additional Protocols of 1977, is designed to regulate the conduct of war and protect those who are not directly involved in the conflict, including civilians. It sets clear responsibilities for states and non-state actors during armed conflict, emphasizing the need for humane treatment and respect for fundamental rights.

Despite Indonesia’s formal commitment to the Geneva Conventions, its actions in West Papua starkly violate these international treaties. Indonesia has yet to incorporate the Geneva Conventions and Additional Protocols into its national legal system, rendering its military operations in West Papua—many of which have continued since 1963—illegal under international law. In addition, these operations have often been carried out without the approval of Indonesia’s parliament, further undermining their legitimacy.

Given the sheer magnitude of these violations, one must ask: doesn’t Indonesia deserve to be held accountable for its actions in West Papua at the International Court of Justice (ICC)? The ICC has the authority to investigate and prosecute nations that fail to adhere to international legal obligations, particularly those related to prosecuting and punishing serious violations of human rights. Indonesia’s continuous violations in West Papua—ranging from extrajudicial killings, forced displacements, and the suppression of political dissent—fully meet the criteria for ICC intervention.

However, the path to justice remains obstructed by Indonesia’s refusal to ratify the Rome Statute, the founding treaty of the ICC, which it notably declined to sign in 1998. This refusal grants Indonesia a de facto exemption from the Court’s jurisdiction, allowing it to continue its human rights abuses with impunity. The Rome Statute condemns crimes such as war crimes, crimes against humanity, and genocide—exactly the type of violations that Indonesia has perpetrated in West Papua. By sidestepping its responsibilities under the Rome Statute, Indonesia has effectively shielded itself from international prosecution.

To make matters worse, the international community has largely turned a blind eye to the plight of the West Papuans, even as an estimated 500,000 West Papuans have lost their lives since Indonesia’s illegal annexation of the region. The sham referendum known as the “Act of Free Choice” (Pepera) in 1969, which was carried out under duress and without the consent of the Papuan people, provided a thin veneer of legitimacy to Indonesia’s unlawful occupation. 

Under Indonesian rule, West Papua has endured a prolonged and systematic military occupation marked by severe human rights violations. Thousands of innocent civilians have been subjected to torture, extrajudicial killings, and forced displacement. In recent months, these abuses have escalated, with entire villages displaced and thousands of individuals fleeing their homes due to intensified Indonesian military operations. 

In light of these facts, it is clear that Indonesia’s actions in West Papua are a gross violation of both international law and human decency. The international community must recognize this ongoing atrocity and hold Indonesia accountable for its crimes. Indonesia’s refusal to ratify the Rome Statute cannot be used as a shield against justice. The world cannot afford to ignore the suffering of the West Papuan people any longer—justice demands action.